Consider
how it would be if I took each of your laptops right now, rendered
them unusable and handed you a new laptop. Would you be able to
continue this session immediately? That is what is being expected of
MCPS teachers this fall.
Montgomery
County Inspector General Confirmed Competitive Bids not Required
under Maryland Law, Administrators Can Give Their Word They Picked
Product, and Used Pricing of Other Agencies.
Back
in 2008, I uncovered the purchase of about $20 million dollars of
Promethean Boards made without Board of Education discussion or vote,
without Requests for Proposals (RFPs) or competitive bids. My
investigation was validated by a November 30, 2013, Report from the
Montgomery County Inspector General, OIG Report Number: 14-002.
(Appendix B)
The
Montgomery County Inspector General confirmed that Maryland law
permits MCPS administrators to spend tens of millions of dollars
without competitive bids, Requests for Proposals or even a public
vote of the Board of Education. All those administrators have to do
is say they have selected one product and looked at the pricing
others obtained. No actual documentation is required beyond their
word.
The
Promethean Boards were purchased one or two at a time with invoices,
thus avoiding the triggering of §5-112(b). (Appendix C) From the
2013 Inspector General’s Report we know that Maryland law does not
require documentation for the selection of a sole source supplier
deemed the “technology standard.” Maryland law also does not
require documentation of the use of other agencies’ deals.
MCPS
administrators have found a legal way to keep the Board of Education
from knowing about major purchases, or even from voting on these
major purchases. The result is now seen in the front of every MCPS
classroom. Unusable educational technology is piling up. When the
Board of Education is excluded from education purchases, so are
teachers, parents and the public.
We
know in Maryland these types of surreptitious, no bid education
purchases are perfectly legal, but are they the best and highest use
of precious education dollars? Might it be time for the legislature
to address these expenditures?
What
do children that sit in these classrooms think when they look up and
see the front of their classrooms piling up with unused technology
and resources?
Minority
Businesses left out of surreptitious procurements.
When
the Maryland legislature passed Md. Code, Art. § 5-1129(d), the
Minority businesses utilization program in Montgomery County, they
limited that section to the competitive bid process. MCPS can easily
skirt that law by buying without competitive bids and when they do
that there is no requirement for consideration of minority
businesses.
Minority
business utilization program in Montgomery County
(d)(1)
In this subsection, the term “minority business enterprise” has
the meaning stated in § 14-301 of the State Finance and Procurement
Article.
(2)
In Montgomery County, by resolution and by implementing regulations,
the Montgomery County Board of Education shall establish a minority
business utilization program to facilitate the participation of
responsible certified minority business enterprises in
contracts awarded by the Montgomery County Board of Education in
accordance with competitive bidding procedures.
Unusable
educational technology is piling up.
It’s
time for the Maryland legislature to close these loopholes and
tighten up the public school procurement process. If the legislature
doesn’t act soon, there may not be enough room for students in the
classrooms amid all of the unusable tech junk.
~~~~~~~~~~~~~~~~~~~~
Appendix
A
MIMIO
BOXLIGHT announced deal with MCPS back in 2019, yet no mention of
this deal or the “pilot” of this product in Board of Education
minutes.
Boxlight
Reports Second Quarter 2019 Results
...Key
Business Highlights for Q2 2019
Selected
for and commenced new implementations in San Diego Unified School
District, CA, Montgomery County
School District, MD, Guilford County School District, NC,
Chesapeake School District, VA, Provo Schools, UT, West Orange Cove
Independent School District, TX, Anacortes Schools, WA, Aurora
School District, CO, Stonehenge Schools, UK and Owosso Schools, MI…
https://www.businesswire.com/news/home/20190813005709/en/Boxlight-Reports-Second-Quarter-2019-Results
Boxlight
Reports Third Quarter 2019 Results
...Key
Business Highlights for Q3 2019
...Continued
roll-out implementations with Beaufort County School District, SC;
Montgomery County Public Schools,
MD; Clayton County Public Schools, GA; San Diego Unified
School District, CA; Huntington Beach City School District, CA;
Anacortes School District, WA; Aurora Public Schools, CO; and
Tangipahoa Parish School System, LA…
https://www.businesswire.com/news/home/20191112005870/en/Boxlight-Reports-Third-Quarter-2019-Results
...We
also had Montgomery
County
that ordered a significant number after an extensive pilot. This is a
second round of a purchase that they've done with us...
https://seekingalpha.com/article/4285370-boxlight-corporation-boxl-ceo-mark-elliott-on-q2-2019-results-earnings-call-transcript
BOXLIGHT
Investor Presentation May 2020
Reference Contract Wins •
June 2019 - Montgomery County
School District, Maryland, 14th largest school district in
U.S. with over 160,000 students
https://s27.q4cdn.com/567304918/files/doc_presentations/2020/05/1/Investor-Presentation-May-2020.pdf
BOXLIGHT
Investor Presentation February 2021
June
2019 | Montgomery County School District | 160,000 students | 14th
largest district in U.S
https://s27.q4cdn.com/567304918/files/doc_presentations/2021/Boxlight-Feb-2021.pdf
UNITED
STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
SCHEDULE
14A
June
2021
...To
date, our solutions have been sold into over 1.2 million classrooms
globally including New York City Public Schools, Broward County
Public Schools, San Diego Unified School District, Montgomery County
Public Schools, Atlanta Public Schools, Academies Enterprise Trust in
England and the Ministry of Education in Jalisco, Mexico, among
others….
https://d18rn0p25nwr6d.cloudfront.net/CIK-0001624512/118569da-4e94-4342-b969-1893ef0e9b4e.html
Appendix
B
Montgomery
County Inspector General
Montgomery
County Public Schools’ Acquisition of Promethean Interactive
Classroom Technology OIG Report Number: 14-002 November 30, 2013
What
We Recommended We conducted this review while the Promethean
procurement process was ongoing and we were prepared to alert MCPS of
any potential problems or concerns. Based on our review, no
recommendations were made. However,
we did notify MCPS that lack of documentation supporting a standard
may be subject to challenges by stakeholders and competing vendors,
and could even present appearances of improper financial
relationships
https://www.montgomerycountymd.gov/OIG/Resources/Files/PDF/IGActivity/FY2014/mcps_promethean_acq_final_report_30_nov_2013.pdf
Appendix
C
Effective:
June 1, 2018
MD
Code, Education, § 5-112
§
5-112. Contracts for school buildings, improvements, or supplies
Currentness
Application
of section
(a)
This section does not apply to:
(1)
Contracts for the purchase of books and other materials of
instruction as defined in the State Department of Education Financial
Reporting Manual;
(2)
Emergency repairs; and
(3)
Except as provided in subsection (e) of this section, a county
board's participation in contracts for goods or commodities that are
awarded by other public agencies or by intergovernmental purchasing
organizations if the lead agency for the contract follows public
bidding procedures.
Bids
required if costs of school building, improvement, supplies, or
equipment more than $25,000
(b)(1)
Except as provided in paragraph (2) of this subsection, if the cost
of any school building, improvement, supplies, or equipment is more
than $25,000, the county board, at least 2 weeks before bids are to
be filed, shall advertise for bids in a medium accessible to the
general public, which includes:
(i)
A newspaper of general circulation in the region;
(ii)
The Maryland Contract Weekly or comparable State publication; or
(iii)
An electronic posting on a bid board and physical posting on the
local school system bid board.
(2)
If the amount specified in paragraph (1) of this subsection differs
from the amount in § 13-109(a) of the State Finance and Procurement
Article, the amount in § 13-109(a) of the State Finance and
Procurement Article shall apply under paragraph (1) of this
subsection.
(3)(i)
The county board shall draft specifications that provide a clear and
accurate description of the functional characteristics or the nature
of an item to be procured, without modifying the county board's
requirements.
(ii)
The specifications may:
1.
Include a statement of any of the county board's requirements; and
2.
Provide for the submission of samples, inspection, or testing of the
item before procurement.
(4)(i)
Except as provided in subparagraph (ii) of this paragraph,
specifications that use one or more manufacturer's product to
describe the standard of quality, performance, or other
characteristics needed to meet the county board's requirements, must
allow for the submission of equivalent products.
(ii)
Subparagraph (i) of this paragraph does not apply if the county board
determines in the written specification that:
1.
A particular manufacturer's product is required to maintain
compatibility of service or equipment;
2.
A particular manufacturer's product is required to meet the health
needs of students;
3.
Replacement parts or maintenance are a paramount consideration; or
4.
A product is purchased for resale.
Contracts
for school building, improvements, or supplies awarded to lowest
bidder
(c)(1)
A contract for the school building, improvements, supplies, or other
equipment shall be awarded to the responsible bidder who provides the
best value and conforms to specifications with consideration given
to:
(i)
The quantities involved;
(ii)
The time required for delivery;
(iii)
The purpose for which required;
(iv)
The competency and responsibility of the bidder;
(v)
The ability of the bidder to perform satisfactory service;
(vi)
The plan for utilization of minority contractors; and
(vii)
The price offered by the bidder.
(2)
The county board may reject any and all bids and readvertise for
other bids.
Minority
business utilization program in Montgomery County
(d)(1)
In this subsection, the term “minority business enterprise” has
the meaning stated in § 14-301 of the State Finance and Procurement
Article.
(2)
In Montgomery County, by resolution and by implementing regulations,
the Montgomery County Board of Education shall establish a minority
business utilization program to facilitate the participation of
responsible certified minority business enterprises in contracts
awarded by the Montgomery County Board of Education in accordance
with competitive bidding procedures.
...
Bulk
purchasing, bundling, and intergovernmental purchasing
(h)(1)
A county board is encouraged, consistent with competitive bidding, to
use bulk purchasing, bundling, and intergovernmental purchasing.
(2)
A county board may bundle, for approval and procurement purposes:
(i)
Similar systemic renovation projects at different schools; and
(ii)
Interrelated systemic projects at a single school.
Contracts
void if made in violation of section
(i)
A contract entered into or purchase made in violation of this section
is void.
Credits
Added
as Education § 5-110 by Acts 1978, c. 22, § 2, eff. July 1, 1978.
Amended by Acts 1980, c. 720; Acts 1984, c. 114; Acts 1987, c. 502,
682; Acts 1988, c. 6, § 1; Acts 1989, c. 5, § 1; Acts 1993, c. 5, §
1; Acts 1993, c. 391; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts
1994, c. 88, § 2, eff. April 12, 1994; Acts 1994, c. 661, § 2, eff.
Oct. 1, 1994. Renumbered as Education § 5-112 by Acts 1996, c. 10, §
16, eff. April 9, 1996. Amended by Acts 1996, c. 46, § 1, eff. Oct.
1, 1996; Acts 1997, c. 105, § 1, eff. June 1, 1997; Acts 2000, c.
208, § 1, eff. July 1, 2000; Acts 2001, c. 545, § 1, eff. Oct. 1,
2001; Acts 2002, c. 170, § 1, eff. Oct. 1, 2002; Acts 2002, c. 171,
§ 1, eff. Oct. 1, 2002; Acts 2006, c. 95, § 1, eff. July 1, 2006;
Acts 2009, c. 454, § 1, eff. Oct. 1, 2009; Acts 2012, c. 566, § 1,
eff. July 1, 2012; Acts 2012, c. 567, § 1, eff. July 1, 2012; Acts
2018, c. 14, § 1, eff. June 1, 2018.
Formerly
Art. 77, § 123.
MD
Code, Education, § 5-112, MD EDUC § 5-112
Current
with all legislation from the 2021 Regular Session of the General
Assembly. Some statute sections may be more current, see credits for
details.
